FMCSA DER Training is an in-depth, two-hour course for Designated Employer Representatives (DERs) of FMCSA-regulated employers. Developed by attorney and subject matter expert Andrew David Easler, this course provides training for those tasked with managing an employer’s drug and alcohol testing program under Department of Transportation (DOT) regulations.
A DER is required for DOT-covered employers to comply with federal regulations, including 49 CFR Part 382 and Part 40. Without a trained DER, employers risk non-compliance, which can lead to severe consequences such as fines, legal liability, loss of contracts, and the inability to operate commercial vehicles.
This course covers the roles and responsibilities of a DER, how to implement a drug and alcohol-free workplace program, and how to manage the testing process effectively. Learners will understand which regulations apply, how to select and monitor service agents, training requirements for employees and supervisors, and best practices to avoid audit issues. With downloadable resources and reference materials, the course equips DERs with the essential knowledge and tools to ensure compliance.
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Published April 15, 2020
Andrew David Easler, Esq.
Course Author
Andrew David Easler, Esq.
Course Instructor
The U.S. Department of Transportation (DOT) requires covered organizations, including those regulated by the Federal Motor Carrier Safety Administration (FMCSA), to designate a Designated Employer Representative (DER). This individual is responsible for making formal decisions about the organization's drug and alcohol testing program and ensuring compliance with federal regulations. To effectively fulfill this role, a DER must thoroughly understand all relevant federal guidelines.
This two-hour training provides a foundation in federal regulations, DER roles and responsibilities, FMCSA compliance requirements, and the elements and requirements of maintaining a drug and alcohol-free workplace. It equips learners with the knowledge and tools needed to navigate the complexities of FMCSA regulations and make informed decisions for their company’s testing program.
DERs are the link between the company, testing laboratories, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and employees. This course also offers downloadable resources, reference materials, and practical guides to support learners in their role. Upon successfully passing the online exam, participants will receive a certificate of completion, demonstrating their readiness to take on the critical responsibilities of a DER.
Learners Who Enroll in FMCSA DER Training Will Also Learn:
DOT training for FMCSA, FAA, FTA, FRA, USCG, and PHMSA that meets or exceeds federal requirements. Accepted in all 50 states and anywhere DOT rules apply.
Every course is reviewed by attorneys and subject matter experts for accuracy, so you get training you can show employers, clients, and auditors with confidence.
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Go beyond the course with books, guides, and free videos and posts on YouTube, LinkedIn, TikTok, and more covering drug testing, workplace safety, and compliance.
Implement and oversee a compliant workplace policy, adhering to FMCSA and DOT guidelines.
Execute employee and supervisor training to ensure awareness and adherence to the organization’s drug and alcohol-free policy.
Confidently determine when to administer drug and alcohol tests and understand when refusals to test should be considered.
Demonstrate proficiency in FMCSA and DOT regulations by correctly using industry-specific terms.
Implement knowledge of DOT and FMCSA protocols in real-world scenarios to maintain compliance.
Complete an online quiz with a score of 75% or higher, demonstrating a thorough
30 modules · 1 exam
Module 1
INTRODUCTION
Module 2
DER REFERENCE PAMPHLET
Module 3
POLICY OPERATIONS
Module 4
DRUG AND ALCOHOL TESTING
Module 5
DRUG AND ALCOHOL TESTING - WHAT IS A REFUSAL TO TEST
Module 6
DRUG AND ALCOHOL TESTING - DOT DIRECT OBSERVATION PROCEDURES
Module 7
DRUG AND ALCOHOL TESTING - DIRECT OBSERVATIONS AND SUPERVISORS
Module 8
DRUG AND ALCOHOL TESTING - TIPS ON HOW TO CONDUCT A DIRECT OBSERVATION
Module 9
DRUG AND ALCOHOL TESTING - DIRECT OBSERVATION REFUSALS
Module 10
DRUG AND ALCOHOL TESTING - MONITORING COLLECTION SITES
Module 11
DRUG AND ALCOHOL TESTING - MEDICAL REVIEW OFFICERS
Module 12
DRUG AND ALCOHOL TESTING - MEDICAL REVIEW OFFICER IMPORTANCE
Module 13
SAP AND BLIND SPECIMENS
Module 14
FMCSA CLEARINGHOUSE & RECORDKEEPING
Module 15
DOT AGENCY RECORDKEEPING REQUIREMENTS
Module 16
AUDITS AND INSPECTIONS - FMCSA
Module 17
FMCSA CLEARINGHOUSE
Module 18
CLEARINGHOUSE - USING THE CLEARINGHOUSE SYSTEM GUIDES
Module 19
CLEARINGHOUSE - QUERIES AND CONSENT REQUEST GUIDES
Module 20
CLEARINGHOUSE - USER ROLES
Module 21
FMCSA IMPLEMENTATION GUIDELINES
Module 22
FMCSA - NEW ENTRANT SAFETY ASSURANCE PROGRAM GUIDANCE
Module 23
FMCSA - EMPLOYEE HANDOUTS - BE A DRIVER IN THE KNOW
Module 24
FMCSA - EMPLOYEE HANDOUTS - WHAT EMPLOYEES NEED TO KNOW ABOUT DRUG AND ALCOHOL TESTING
Module 25
FMCSA - ADDITIONAL REFERENCES
Module 26
SUMMARY REVIEW - EMPLOYER RESPONSIBILITIES SUPERVISOR TRAINING
Module 27
SUPERVISOR TRAINING - CONFRONTATION INTERVIEW PLANNER
Module 28
SUPERVISOR TRAINING - DRUGS OF ABUSE
Module 29
SUPERVISOR TRAINING - REASONABLE SUSPICION TESTING CHECKLIST
Module 30
DER TRAINING - LINKS OF INTEREST
Exam
DER QUIZ
Built to meet training requirements in all 50 states.
Hardware
Software
Other requirements
A DER is an employee the motor carrier authorizes to remove drivers from safety-sensitive duty and make required decisions in the testing process. The DER also receives test results for the employer. This definition comes from 49 CFR 40.3.
Yes. Under 49 CFR 40.3, the DER makes the required decisions in the testing process and acts for the employer. That means the DER must know Part 40 and Part 382. DOT's guidance for employers also says the DER should have knowledge of the testing process and the authority to make decisions about it. Training is how a DER builds that knowledge.
No. Service agents, including consortiums and TPAs, cannot act as DERs. The one exception is an owner-operator, whose C/TPA can perform some employer duties.
The employer does, usually through the DER. Neither the TPA nor the collection site makes a final refusal determination. A TPA can give advice, but the decision belongs to the employer.
Remove the driver from safety-sensitive duty right away. Act on the first report from the MRO. Do not wait for the written report or a split specimen result.
The carrier must query the FMCSA Drug and Alcohol Clearinghouse before hiring a driver and at least once a year for every driver it employs. Certain violations, such as refusals and actual knowledge of use, must be reported by the close of the third business day after the employer learns of them.
The decision must be made by a trained supervisor or company official. Many DERs also fill that role. Supervisors should complete DOT Reasonable Suspicion Training for Supervisors.
Yes. Many carriers name a backup so someone can always act on a result or remove a driver from duty quickly.
An owner-operator with no other employees must join a consortium or TPA for random testing. The C/TPA may then make certain decisions on the owner-operator's behalf that it cannot make for other employers.
It focuses on Part 382 and the Clearinghouse, and takes about 2 hours, depending on pace. Employers under other agencies should take the DER course for their agency, such as FAA Designated Employer Representative Training (DER) or PHMSA Designated Employer Representative Training (DER).
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